Matching Items (40)
Description
On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew its forces. When the hostilities had ended, between 1,166 and 1,440 Palestinians had been killed as a result of Israeli attacks, two-thirds of whom are estimated to be civilians. Ensuing allegations of international human rights (IHR) and international humanitarian law (IHL) violations were widespread. Amidst these claims, the United Nations Human Rights Council (UNHRC) commissioned a fact-finding team, headed by South African jurist Richard Goldstone, to investigate whether the laws of war were infringed upon. Their findings, published in a document known colloquially as the Goldstone Report, allege a number of breaches of the laws of occupation, yet give a cursory treatment to the preliminary question of the applicability of this legal regime. This paper seeks to more comprehensively assess whether Gaza could be considered occupied territory for the purposes of international humanitarian law during Operation Cast Lead. In doing so, this paper focuses on exactly what triggers and terminates the laws of occupation`s application, rather than the rights and duties derived from the laws of occupation. This paper proceeds with a brief discussion of the history of the Gaza occupation, including Israel`s unilateral evacuation of ground troops and settlements from within Gaza in 2005, a historic event that sparked renewed debate over Israel`s status as an Occupying Power vis-à-vis Gaza. The following section traces the development of the laws of occupation in instruments of IHL. The next section considers the relevant international case law on occupation. The following section synthesizes the various criteria from the IHL treaty and case law for determining the existence of a situation of occupation, and considers their application to the Gaza Strip during Operation Cast Lead. The concluding section argues that Israel maintained the status of Occupying Power during Operation Cast Lead, and discusses the legal implications of such a determination.
ContributorsNaser, Sam (Author) / Simmons, William (Thesis advisor) / Sylvester, Douglas (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2011
Description
The state of exception in Rwanda did not spontaneously occur in Rwanda, it was initially developed by German and Belgian colonizers, adopted by two successive Hutu regimes, and nurtured and fed for 35 years of Rwandan independence until its final realization in the 1994 genocide. Political theory regarding the development of the "space devoid of law" and necropolitics provide a framework with which to analyze the long pattern of state action that created a milieu in which genocide was an acceptable choice of action for a sovereign at risk of losing power. The study of little-known political theories such as Agamben's and Mbembe's is useful because it provides a lens through which we can analyze current state action throughout the world. As is true in many genocidal regimes, the Rwandan genocide did not just occur as a "descent into hell." Rather, state action over the course of decades in which the subjects of the state (People) were systematically converted into mere flesh beings (people), devoid of political or social value, creates the setting in which it is feasible to seek to eliminate those beings. A question to be posed to political actors and observers around the world today is at what point in the process of one nation's creation of the state of exception and adoption of necropolitics does the world have a right, and a duty, to intervene? Thus far, it has always occurred too late for the "people" in that sovereign to realize their political and social potential to be "People."
ContributorsSinema, Kyrsten (Author) / Johnson, John (Thesis advisor) / Quan, Helen (Committee member) / Gomez, Alan (Committee member) / Doty, Roxanne (Committee member) / Arizona State University (Publisher)
Created2012
Description
The goal of this exploratory study is to learn how undocumented immigrants remain resilient by adopting new strategies to survive and thrive despite confronting challenges as they legally justify their presence in the United States. This study will focus on three research questions: first, what are the demographic factors that describe undocumented immigrant family resiliency in the United States? Second, how are social service providers; perceptions of the challenges faced by their clients modified by the services they provide? Third, how do resiliency factors identified by their social service providers allow undocumented immigrants to overcome the challenges of criminalization in the United States? The theoretical framework for this study was based on two approaches: first, a symbolic interaction approach which was specifically inspired by Benedict Anderson's classic Imagined Communities (1983, 2006). The second approach is Ecological Risk and Resiliency. This study used mixed methods of research: interviews and descriptive analysis. The qualitative data was drawn from ten social service providers from a faith-based agency, and from a narrative analysis of participants enrolled in an ESL program (English as a Second Language). The subjects for the quantitative design were drawn from a group of undocumented first-generation Hispanic immigrants who received social services during the year 2009 from the same faith-based agency. In summary, this exploration discovered that immigrants show great ability for imaginatively developing strategies in order to survive and thrive under their difficult circumstances. Furthermore, undocumented immigrant survival does not completely depend upon food and shelter and even money, but also on a sense of well being. Noted was that women undocumented immigrants show greater resiliency than their male counterparts. Also discovered was that social services do make a difference in the lives of undocumented immigrants but not all social service providers are fully trained and prepared to assist them beyond normal standards. In conclusion, the Hispanic undocumented immigrant displays remarkable resiliency despite tremendous obstacles and personal difficulties and this resiliency could only improve by social service providers' improved understanding of their needs and personal resources.
ContributorsAlatorre, Francisco Jesus (Author) / Johnson, John (Thesis advisor) / Zatz, Marjorie (Committee member) / Ashford, Jose (Committee member) / Arizona State University (Publisher)
Created2011
Description
Above all else, this project is about parentage in the modern American legal system and culture. Advanced reproductive technologies require our courts to reconsider the long-standing presumption that a child has only one female mother and one male father. We now have children of choice, rather than chance. Assisted Reproductive Technology and its widespread availability and use and changed the landscape of parentage maybe forever. And the children of such efforts remain largely unprotected by our current legal system that favors reproduction by chance within a recognized marriage or at the least, a traditional two-parent paradigm. However, assisted reproduction calls into question the current legal framework for determinations of parentage based in marriage and/or biology. Based on a long and convoluted history, our current legal system conflates marriage and parentage. Moreover, in many circumstances the law restricts both the number and gender of the parties to a marriage or possible parents. One of the more compelling historical and still salient justifications for doing so is to accord the "Best Interest of the Child" standard which purports to underpin all such determinations. Unfortunately, that standard cannot best be met when weighed in a balance against a constitutionally protected exclusive right to parent vested in an adult either by a determination of a genetic link to the child or marriage to another parent. Children of choice, who result from the affirmative and purposive engagement in assisted reproduction, should be entitled to the same protections as children of chance born to a man and woman who are married. Once we look beyond marriage and biology as determiners of parentage, a better way for our legal system to serve the best interests of children, and their parents, is to identify and protect those adult relationships that are parental in nature and that benefit the child irrespective of a marriage between parents or genetic links to the child. Fortunately, the tools to accomplish this paradigm shift already are in existence. The expansion of our commonly used definitions and broader view of our current statutes will allow the legal system to better protect both children of choice and children of chance by making better parentage determinations. To that end, this project also takes on the ambitious task of praxis; of applying the theories to the law as it stands and demonstrating how the new paradigm might look as it is implemented with all of its far-reaching tentacles.
ContributorsRoss, Jane (Author) / Johnson, John (Thesis advisor) / Hepburn, John (Committee member) / Stinson, Judith (Committee member) / Arizona State University (Publisher)
Created2012
Description
Despite regional peace agreements, billions of dollars in aid, and the United Nations’ largest peacekeeping mission in the world, conflict in the eastern Democratic Republic of the Congo persists. This paper explores criticisms made by political scientist Séverine Autesserre, who argues that three simplistic narratives revolving around conflict minerals as a cause, sexual abuse against women and girls as an outcome, and rebuilding central state control as the solution dominate how international interveners view the Congolese conflict. Autesserre further posits that conflict continues because peacebuilding efforts fail to address local dynamics. Using monitoring and evaluation reports of peacebuilding projects in the eastern Congo, primarily from the U.S. Agency for International Development, this paper examines three questions: Do aid agencies have any local peacebuilding projects? If so, do these projects reinforce the dominant narratives? And lastly, do these projects view conflict as a continuum that must be managed through process-oriented objectives, or as a binary phenomenon requiring events-oriented objectives, such as elections? The analysis is based on 10 total reports gathered online, the majority of which are from USAID. Due to a lack of publicly available data and M&E reports on Congo peacebuilding, this collection does not represent a random sample and is not being used to make statistically significant conclusions. Nevertheless, the M&E reports provide a window into how the “rubber meets the road,” so to speak, in terms of how USAID and others view the role of their peacebuilding programs and how to assess programmatic success.
These reports reveal there are certainly some local peacebuilding programs and they do appear to view conflict as a continuum requiring process-oriented goals, such as creating local community mediation organizations. In terms of Autesserre’s three dominant narratives, the results are more mixed. This assortment of seemingly contradictory findings does not mean Autesserre’s arguments are invalid. The USAID Congo Country Strategy document unlocks this apparent contradiction as it explicitly acknowledges Autesserre’s criticisms and appears to move toward finding more nuanced approaches to the conflict. However, at times it still emphasizes the same dominant narratives and state-to-state level approaches. This paper, therefore, concludes that USAID, and potentially others, are in a state of transition between entrenched and evolving narratives. The discord in these evaluations highlights the internal crisis peacebuilders in the Congo are currently facing as they reassess their narratives. In keeping with the self-improving nature of M&E, hopefully these international interveners can move through their narrative transition in an efficient manner, so that they can remain a supportive peacebuilding partner to the Congolese people.
These reports reveal there are certainly some local peacebuilding programs and they do appear to view conflict as a continuum requiring process-oriented goals, such as creating local community mediation organizations. In terms of Autesserre’s three dominant narratives, the results are more mixed. This assortment of seemingly contradictory findings does not mean Autesserre’s arguments are invalid. The USAID Congo Country Strategy document unlocks this apparent contradiction as it explicitly acknowledges Autesserre’s criticisms and appears to move toward finding more nuanced approaches to the conflict. However, at times it still emphasizes the same dominant narratives and state-to-state level approaches. This paper, therefore, concludes that USAID, and potentially others, are in a state of transition between entrenched and evolving narratives. The discord in these evaluations highlights the internal crisis peacebuilders in the Congo are currently facing as they reassess their narratives. In keeping with the self-improving nature of M&E, hopefully these international interveners can move through their narrative transition in an efficient manner, so that they can remain a supportive peacebuilding partner to the Congolese people.
ContributorsSilow, Adam (Author) / Rothenberg, Daniel (Thesis director) / Lake, Milli (Committee member) / School of Politics and Global Studies (Contributor) / Economics Program in CLAS (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
Sentencing reform has been the subject of much debate in the 21st century and has resulted in a great deal of consternation in state and federal systems of government (Chesney-Lind, 2012). The public does not view incarceration as an important topic needing attention or requiring change, which makes invisible the needs and histories of prisoners as a consequence of not addressing them (Connor, 2001). Through an analysis of the spectrum of women’s crime, ranging from non-violent drug trafficking to homicide, I conclude within this paper that the criminal justice system was written as a male-oriented code of addressing crime, which has contributed to women being made into easier targets for arrest and female imprisonment at increasing rates for longer lengths of time.
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
In the last decade, California’s imprisoned population of women has increased by nearly 400% (Chesney-Lind, 2012). The focus of this thesis is to discuss the treatment—or lack thereof—of women within California’s criminal justice system and sentencing laws. By exploring its historical approach to two criminal actions related to women, the Three Strikes law (including non-violent drug crimes) and the absence of laws accounting for experiences of female victims of domestic violence who killed their abusers, I explore how California’s criminal code has marginalized women, and present a summary of the adverse effects brought about by the gender invisibility that is endemic within sentencing policies and practice. I also discuss recent attempted and successful reforms related to these issues, which evidence a shift toward social dialogue on sentencing aiming to address gender inequity in the sentencing code. These reforms were the result of activism; organizations, academics and individuals successfully raised awareness regarding excessive and undue sentencing of women and compelled action by the legislature.
By method of a feminist analysis of these histories, I explore these two pertinent issues in California; both are related to women who, under harsh sentencing laws, were incarcerated under the state’s male-focused legislation. Responses to the inequalities found in these laws included attempts toward both visibility for women and reform related to sentencing. I analyze the ontology of sentencing reform as it relates to activism in order to discuss the implications of further criminal code legislation, as well as the implications of the 2012 reforms in practice. Through the paper, I focus upon how women have become a target of arrest and long sentences not because they are strategically arrested to equalize their representation behind bars, but because the “tough on crime” framework in the criminal code cast a wide and fixed net that incarcerated increasingly more women following the codification of both mandatory minimums and a male-oriented approach to sentencing (Chesney-Lind et. al, 2012).
ContributorsD'Souza, Kristin Tessa (Author) / Gomez, Alan (Thesis director) / Fonow, Mary Margaret (Committee member) / Leone Hamm, Donna (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2013-05
Description
The civil war in Syria has caused over one million Syrians to flee to bordering countries seeking protection. One of the major causes of this exodus is the reality and fear of sexual violence. Sexual violence against Syrian women is life altering because of the high value the culture places on virtue and modesty; a woman who is known to have been raped faces shame, possible disenfranchisement by her family, and is at high risk for suicide and in some extreme, but few cases, being murdered by a family member in an honor killing. However, once these refugees arrive they are still threatened not only with sexual violence, but also with sexual exploitation. Sexual violence is devastating to women and families. The international community must work to combat it by helping host countries to prevent the violence, assist victims, prosecute perpetrators, and create safe environments for female refugees. Human rights advocates should look within the philosophy of Islam to encourage gender equality ethics already present therein.
ContributorsJohnson, Michelle Anne (Author) / Larson, Elizabeth (Thesis director) / Wheeler, Jacqueline (Committee member) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / Department of English (Contributor)
Created2013-05
Description
This paper examines five different human rights treaties in order to test the role of reservations in international law. Through the creation of a typology of reservations, which include Domestic Framework, Minor Objection, Oversight, Cultural, Political, and Negation Reservations, this paper tests the typology against three hypotheses: 1) reservations weaken international law, 2) reservations are neutral to international law, and 3) reservations strengthen international law. By classifying reservations on this spectrum of hypotheses, it became possible to determine whether reservations help or hinder the international human rights regime. The most utilized types of reservations were Domestic Framework Reservations, which demonstrates treaty reservations allow for states to engage with the treaties, thus strengthening international law. However, because the reservations also demonstrate a lack of willingness to be bound by an external oversight body, reservations also highlight a flaw of international law. CEDAW proved to be a general outlier because it had 2-6 times the amount of negation and cultural reservations, which could potentially be attributed to the more societal, as opposed to legal, adjustments required of States Parties.
ContributorsRhoades, Marissa Danielle (Author) / Rothenberg, Daniel (Thesis director) / Peskin, Victor (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / School of International Letters and Cultures (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Politics and Global Studies (Contributor)
Created2014-05
Description
In the aftermath of the Second World War and global atrocities that occurred during the Nazi Holocaust, the international community established the United Nations and developed the Universal Declaration of Human Rights. The UN legally defined the term genocide with the development of the Convention for the Prevention and Punishment of the Crime of Genocide in an attempt to deter future genocides from occurring. These are now the governing documents for international human rights law and genocide prevention. Since the development of these documents, however, human rights violations and genocides have continued to occur around the world. In 1994, Rwandan Hutus murdered more than one million Tutsis in the span of one hundred days. Following the genocide, the United Nations developed the International Criminal Tribunal for Rwanda in which the conviction of Jean-Paul Akayesu established the first trial where an international tribunal was called upon to interpret the definition of genocide as defined in the Convention for the Prevention and Punishment of the Crime of Genocide. Although the human rights movement has created greater deterrence for human rights crimes, punished perpetrators for their crimes, and established norms for the treatment of human beings, global human rights violations and genocides continue to occur. This project attempts to explore the presence of possible factors in pre-genocidal nations that may predict whether a nation could spiral into genocide and what mechanisms could counter their presence.
ContributorsBabos, Kristina Rose (Author) / Haglund, LaDawn (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2014-05
Description
Abstract Upon review of complex ethnic conflict over the past century in the Great Lakes region, the 2005 Opinion of the Case Concerning Armed Activities on the Territory of the Congo does not properly acknowledge the conflict's complexity, and thus fails in applying customary international law to the allegations under dispute. Both concepts of self-defense and the violation of the duty of vigilance are found particularly restrictive, and their application by the ICJ does not recognize realities. The thesis is laid out to provide context for the dispute, followed by consideration of the historical circumstances that shaped the ethnic, political, and economic reality of the Second Congo War. Finally the paper will begin an inquiry into self-defense and the duty of vigilance as unequipped legal concepts to consider the atypical conflict. I. Introduction II. The Dispute: The Second Congo War III. Overview of Case Concerning Armed Activities on the Territory of the Congo IV. Lack of Recognition for Historical Background V. Contentious Handlings of Concepts of International Law a. Self-Defense: Questionable Criteria b. Breaches of International Obligations: Duty of Vigilance in Armed Activities VI. Conclusion
ContributorsSandground, Lauren Amanda (Author) / Fellmeth, Aaron (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / School of International Letters and Cultures (Contributor) / School of Social Transformation (Contributor) / School of Politics and Global Studies (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2014-05